PARKASH KAUR Vs. GURBACHAN KAUR

JUDGEMENT

(1.) THIS is a petition under Section 482, CrPC, filed by the accused-petitioners, seeking quashment of the order dated 1.9.1998 passed by the Judicial Magistrate, ordering the summoning of the accused under Sections 323/506, IPC, and under Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the SC/ST Act), in the criminal complaint filed by Smt. Gurbachan Kaur, complainant (respondent No. 1) and also against the order dated 6.7.2000 passed by the Additional Sessions Judge, dismissing the revision petition filed by the accused-petitioners against the said order dated 1.9.1998 passed by the Judicial Magistrate.

(2.) I have heard learned counsel for the petitioners in the present petition and have gone through the record carefully.

(3.) LEARNED counsel for the petitioners firstly submitted before me that the learned Magistrate had no jurisdiction to entertain the criminal complaint. It was submitted that the case was triable by the Special Court and as such, only the Special Court could take cognizance and not the Judicial Magistrate. Reliance was placed on Devinder Singh Sarpanch and others v. State of Punjab, 1997(3) RCR(Crl.) 575 and Dara Singh @ Darbara Singh v. Tej Kaur, Criminal Misc. 18538-M of 1999 decided on 26.10.1999 by Hon'ble Mr. Justice T.H.B. Chalapathi (as his Lordship then was).